Common use of Certification of Settlement Class Clause in Contracts

Certification of Settlement Class. For settlement purposes only, Proposed Class Counsel will request, as part of the Order for Preliminary Approval and Conditional Certification of Class, that the Court make preliminary findings and enter an Order granting provisional certification of the Proposed Settlement Class subject to final findings and ratification in the Final Order and Judgment, and appointing Atrium Homes, Inc., Xxxxxx X. Xxxxxxx, and Xxxxxx Xxxxxxx, and Proposed Class Counsel, as representatives of the Proposed Settlement Class. The HOA does not consent to the certification of the Proposed Settlement Class for any purpose other than to effectuate this Settlement Agreement and the resolution of claims relating to Road Impact Fees, Adherence to Requirements Deposits, Tree Policy Fees, or Fines assessed by the HOA from March 4, 2012 through the Effective Date. In the event the Settlement Agreement is declared null and void for any reason, or in the event the Court fails to approve the Settlement Agreement or certify the Proposed Settlement Class, the order conditionally certifying the Proposed Settlement Class shall be automatically vacated upon notice to the Court of the termination of the Settlement Agreement and the matter shall proceed as though the Proposed Settlement Class had never been conditionally certified and such finding had never been made, without prejudice to the ability of any party thereafter to request or oppose class certification on any basis. Proposed Class Counsel shall submit to the Court on or before January 15, 2024, a motion for preliminary approval of the Settlement Agreement on behalf of the Proposed Settlement Class. The motion for preliminary approval shall seek: (i) certification of the Proposed Settlement Class (for settlement purposes only); (ii) appointment of Atrium Homes, Inc., Xxxxxx X. Xxxxxxx, and Xxxxxx Xxxxxxx, and Class Counsel as the representatives of and counsel for the Proposed Settlement Class; (iii) preliminary approval of the terms of the Settlement Agreement as fair, adequate, and reasonable; and

Certification of Settlement Class. For 7.1 The Parties agree, for settlement purposes only, Proposed that this Action shall be certified and proceed as a class action under Missouri Rule of Civil Procedure 52.08(b)(2), with a class consisting of all Settlement Class Counsel will requestMembers, and with the named Plaintiff as part the Class Representative of the Order Settlement Class and Plaintiff’s Counsel as counsel for the Settlement Class Members. If the Court enters a Preliminary Approval Order and Conditional grants final approval of the Settlement, the Court’s prior Order Granting Plaintiff’s Motion for Class Certification dated December 14, 2018 shall be vacated in favor of Class, that the Court make preliminary findings and enter an Order granting provisional certification of the Proposed Class defined herein. 7.2 Any certification of a conditional, preliminary, or final settlement class pursuant to the terms of this Settlement Class subject to final findings and ratification in the Final Order and Judgmentshall not constitute, and appointing Atrium Homesshall not be construed as, Inc.an admission on the part of Defendant that this Action, Xxxxxx X. Xxxxxxxor any other proposed or certified class action, and Xxxxxx Xxxxxxx, and Proposed Class Counsel, as representatives of the Proposed Settlement Class. The HOA does not consent is appropriate for trial class treatment pursuant to the certification Missouri Rules of the Proposed Settlement Class for Civil Procedure, or any purpose other than to effectuate this similar state or federal class action statute or rule. This Settlement Agreement and shall be without prejudice to the resolution rights of claims relating Defendant to: (a) move to Road Impact Fees, Adherence to Requirements Deposits, Tree Policy Fees, dismiss or Fines assessed by the HOA from March 4, 2012 through the Effective Date. In the event stay this Action on any applicable basis if the Settlement Agreement is declared null and void terminated for any reason, Final Approval does not occur for any reason, or the Final Settlement Approval Date does not occur; (b) move to decertify the Class previously certified in the event the Court fails to approve the this Action should this Settlement Agreement not be approved or certify implemented for any reason; or (c) oppose certification and/or defend against the Proposed imposition of liability or damages in any other proposed or certified class action. Neither the fact of this Settlement Class, the order conditionally certifying the Proposed nor this Settlement Class Agreement shall be automatically vacated upon notice used in connection with efforts in any proceeding to the Court of the termination of the Settlement Agreement and the matter shall proceed as though the Proposed Settlement Class had never been conditionally certified and such finding had never been made, without prejudice to the ability seek certification of any party thereafter to request or oppose class certification on any basis. Proposed Class Counsel shall submit to the Court on or before January 15, 2024, a motion for preliminary approval of the Settlement Agreement on behalf of the Proposed Settlement Class. The motion for preliminary approval shall seek: (i) certification of the Proposed Settlement Class (for settlement purposes only); (ii) appointment of Atrium Homes, Inc., Xxxxxx X. Xxxxxxx, and Xxxxxx Xxxxxxx, and Class Counsel as the representatives of and counsel for the Proposed Settlement Class; (iii) preliminary approval of the terms of the Settlement Agreement as fair, adequate, and reasonable; andclaims asserted against Defendant.

Certification of Settlement Class. For Promptly after execution of the Settlement Agreement, Class Counsel will ask the Court to issue an order certifying the Settlement Class for settlement purposes only. Solely for the purpose of implementing this Settlement Agreement and effectuating the Settlement, Proposed LifeWorks stipulates that Plaintiff is an adequate representative of the Settlement Class, and that Settlement Class Counsel will request, as part are adequate counsel for the Settlement Class. Defendant agrees not to object to this request without waiver of its right to contest certification or the merits of the Order for Preliminary Approval Lawsuit if the settlement does not receive final approval or the Effective Date (defined in Paragraph 7.8) does not occur. If the Settlement set forth in this Agreement is not approved by the Court, or if the Settlement Agreement is terminated or cancelled pursuant to the terms of this Settlement Agreement, this Settlement Agreement, and Conditional Certification of Class, that the Court make preliminary findings and enter an Order granting provisional certification of the Proposed Settlement Class subject to final findings and ratification in the Final Order and Judgmentprovided for herein, shall be vacated, and appointing Atrium Homesthe Lawsuit shall proceed as though the Settlement Class had never been certified, Inc., Xxxxxx X. Xxxxxxx, and Xxxxxx Xxxxxxx, and Proposed Class Counsel, as representatives without prejudice to any Person’s or Party’s position on the issue of the Proposed Settlement Classclass certification or any other issue. The HOA does not consent Parties’ agreement to the certification of the Proposed Settlement Class for is also without prejudice to any purpose position asserted by the Parties in any other than to effectuate this Settlement Agreement and the resolution of claims relating to Road Impact Feesproceeding, Adherence to Requirements Deposits, Tree Policy Feescase, or Fines assessed by the HOA from March 4action, 2012 through the Effective Dateas to which all of their rights are specifically preserved. In the event the Settlement Agreement is declared null and void for any reasonof non-approval, termination, or in the event the Court fails to approve the cancellation of this Settlement Agreement or certify the Proposed Settlement ClassAgreement, the order conditionally certifying the Proposed Settlement Class LifeWorks shall be automatically vacated upon notice to the Court of the termination of the Settlement Agreement responsible for administration and the matter notification costs incurred, if any, but shall proceed as though the Proposed Settlement Class had never been conditionally certified and such finding had never been madehave no other payment, without prejudice to the ability reimbursement, or other financial obligation of any party thereafter to request or oppose class certification on any basis. Proposed Class Counsel shall submit to the Court on or before January 15, 2024, kind as a motion for preliminary approval result of the this Settlement Agreement on behalf of the Proposed Settlement Class. The motion for preliminary approval shall seek: (i) certification of the Proposed Settlement Class (for settlement purposes only); (ii) appointment of Atrium Homes, Inc., Xxxxxx X. Xxxxxxx, and Xxxxxx Xxxxxxx, and Class Counsel as the representatives of and counsel for the Proposed Settlement Class; (iii) preliminary approval of the terms of the Settlement Agreement as fair, adequate, and reasonable; andAgreement.

Certification of Settlement Class. 80. For purposes of this Settlement only, without any finding or admission of any wrongdoing or fault by Defendants, and solely pursuant to the terms of this Settlement Agreement, the Parties consent to, and agree to, the conditional certification of the Settlement Class, pursuant to Federal Rule of Civil Procedure 23(b)(3). 81. The certification is conditional on the Court’s approval of this Settlement. In the event the Court does not approve all the terms of this Settlement Agreement, or if this Settlement Agreement is voluntarily or involuntarily terminated for any reason, then the certification of the Settlement Class shall be void and this Settlement Agreement and all orders entered in connection herewith, including, but not limited to, any order conditionally certifying the Settlement Class, shall become null and void and shall be of no further force and effect and shall not be used or referred to for any purposes whatsoever in the Litigation or in any other case or controversy. And, in such an event, this Settlement Agreement and all negotiations and proceedings related thereto shall be deemed to be without prejudice to the rights of any and all parties hereto, who shall be restored to their respective positions as of the date before this Settlement Agreement was executed, and Defendants shall not be deemed to have waived any opposition or defenses it has to any aspect of the claims asserted herein or whether those claims are amenable to class treatment. 82. Defendants contend that the Actions could not be certified as class actions under Federal Rule of Civil Procedure 23(b) (or Maryland Rule of Civil Procedure 2−321, if they had proceeded in Maryland state court) other than for settlement purposes. Nothing in this Settlement Agreement shall be construed as an admission by Defendants that the Actions or any similar case is amenable to class certification for trial purposes. Furthermore, nothing in this Settlement Agreement shall prevent Defendants from opposing class certification or seeking decertification of a class in this matter if final approval of the Settlement is not obtained, or not upheld on appeal, including review by the United States Supreme Court, for any reason. Defendants support certification of the Settlement Class for settlement purposes only, Proposed Class Counsel will request, as part of the Order for Preliminary Approval and Conditional Certification of Class, that the Court make preliminary findings and enter an Order granting provisional certification of the Proposed Settlement Class subject to final findings and ratification in the Final Order and Judgment, and appointing Atrium Homes, Inc., Xxxxxx X. Xxxxxxx, and Xxxxxx Xxxxxxx, and Proposed Class Counsel, as representatives of the Proposed Settlement Class. 83. The HOA does Defendants do not consent to the certification of the Proposed Settlement Class (or to the propriety of class treatment) for any purpose other than to effectuate this Settlement Agreement and the resolution Settlement. Defendants’ agreement to conditional certification does not constitute an admission of claims relating to Road Impact Feeswrongdoing, Adherence to Requirements Depositsfault, Tree Policy Feesliability, or Fines assessed by the HOA from March 4, 2012 through the Effective Date. In the event the Settlement Agreement is declared null and void for damage of any reasonkind, or in the event the Court fails to approve the Settlement Agreement or certify the Proposed Settlement Class, the order conditionally certifying the Proposed Settlement Class shall be automatically vacated upon notice to the Court of the termination of the Settlement Agreement and the matter shall proceed as though the Proposed Settlement Class had never been conditionally certified and such finding had never been made, without prejudice to the ability of that any party thereafter to request or oppose class certification on would be appropriate for litigation or any basis. Proposed Class Counsel shall submit other purpose other than to the Court on or before January 15, 2024, a motion for preliminary approval of the Settlement Agreement on behalf of the Proposed Settlement Class. The motion for preliminary approval shall seek: (i) certification of the Proposed Settlement Class (for settlement purposes only); (ii) appointment of Atrium Homes, Inc., Xxxxxx X. Xxxxxxx, and Xxxxxx Xxxxxxx, and Class Counsel as the representatives of and counsel for the Proposed Settlement Class; (iii) preliminary approval of the terms of the Settlement Agreement as fair, adequate, and reasonable; andeffectuate this Settlement.

Certification of Settlement Class. For 7.1 The Parties agree, for settlement purposes only, Proposed that this Action shall be certified and proceed as a class action under Missouri Rule of Civil Procedure 52.08(b)(3), with a class consisting of all Settlement Class Members, and with the named Plaintiff as class representative of the Settlement Class and Plaintiff’s Counsel will requestas counsel for the Settlement Class Members. 7.2 Any certification of a conditional, as preliminary, or final settlement class pursuant to the terms of this Settlement shall not constitute, and shall not be construed as, an admission on the part of the Order Telebrands that this Action, or any other proposed or certified class action, is appropriate for Preliminary Approval and Conditional Certification of Class, that the Court make preliminary findings and enter an Order granting provisional certification of the Proposed Settlement Class subject to final findings and ratification in the Final Order and Judgment, and appointing Atrium Homes, Inc., Xxxxxx X. Xxxxxxx, and Xxxxxx Xxxxxxx, and Proposed Class Counsel, as representatives of the Proposed Settlement Class. The HOA does not consent trial class treatment pursuant to the certification Missouri Rules of the Proposed Settlement Class for Civil Procedure, or any purpose other than to effectuate this similar state or federal class action statute or rule. This Settlement Agreement and shall be without prejudice to the resolution rights of claims relating Telebrands to: (a) move to Road Impact Fees, Adherence to Requirements Deposits, Tree Policy Fees, dismiss or Fines assessed by the HOA from March 4, 2012 through the Effective Date. In the event stay this Action on any applicable basis if the Settlement Agreement is declared null and void terminated for any reason, Final Approval does not occur for any reason, or the Final Settlement Approval Date does not occur; (b) oppose final certification in the event the Court fails to approve the this Action should this Settlement Agreement not be approved or certify implemented for any reason; or (c) oppose certification in any other proposed or certified class action. Neither the Proposed fact of this Settlement Class, the order conditionally certifying the Proposed nor this Settlement Class Agreement shall be automatically vacated upon notice used in connection with efforts in any proceeding to the Court of the termination of the Settlement Agreement and the matter shall proceed as though the Proposed Settlement Class had never been conditionally certified and such finding had never been made, without prejudice to the ability seek certification of any party thereafter to request or oppose class certification on any basis. Proposed Class Counsel shall submit to the Court on or before January 15, 2024, a motion for preliminary approval of the Settlement Agreement on behalf of the Proposed Settlement Class. The motion for preliminary approval shall seek: (i) certification of the Proposed Settlement Class (for settlement purposes only); (ii) appointment of Atrium Homes, Inc., Xxxxxx X. Xxxxxxx, and Xxxxxx Xxxxxxx, and Class Counsel as the representatives of and counsel for the Proposed Settlement Class; (iii) preliminary approval of the terms of the Settlement Agreement as fair, adequate, and reasonable; andclaims asserted against Telebrands.

Certification of Settlement Class. For 7.1 The Parties agree, for settlement purposes only, Proposed Class Counsel will requestthat this Action shall be certified and proceed as a class action under Missouri Rule of Civil Procedure 52.08(b)(3), as part with a class consisting of the Order for Preliminary Approval and Conditional Certification of Class, that the Court make preliminary findings and enter an Order granting provisional certification of the Proposed all Settlement Class subject to final findings and ratification in the Final Order and JudgmentMembers, and appointing Atrium Homes, Inc., Xxxxxx X. Xxxxxxx, and Xxxxxx Xxxxxxx, and Proposed Class Counsel, with the named Plaintiffs as class representatives of the Proposed Settlement Class. The HOA does not consent Class and Plaintiffs’ Counsel as counsel for the Settlement Class Members. 7.2 Any certification of a conditional, preliminary, or final settlement class pursuant to the certification terms of the Proposed Settlement Class for any purpose other than to effectuate this Settlement Agreement shall not constitute, and shall not be construed as, an admission on the resolution part of claims relating to Road Impact Fees, Adherence to Requirements Deposits, Tree Policy FeesDefendants that this Action, or Fines assessed by any other proposed or certified class action, is appropriate for trial class treatment pursuant to the HOA from March 4Missouri Rules of Civil Procedure, 2012 through or any similar state or federal class action statute or rule. This Settlement Agreement shall be without prejudice to the Effective Date. In the event rights of Defendants to: (a) move to dismiss or stay this Action on any applicable basis if the Settlement Agreement is declared null and void terminated for any reason, Final Approval does not occur for any reason, or the Final Settlement Approval Date does not occur; (b) oppose any class certification in the event the Court fails to approve the this Action should this Settlement Agreement not be approved or certify implemented for any reason; or (c) oppose certification in any other proposed or certified class action. Neither the Proposed fact of this Settlement Class, the order conditionally certifying the Proposed nor this Settlement Class Agreement shall be automatically vacated upon notice used in connection with efforts in any proceeding to the Court of the termination of the Settlement Agreement and the matter shall proceed as though the Proposed Settlement Class had never been conditionally certified and such finding had never been made, without prejudice to the ability seek certification of any party thereafter to request or oppose class certification on any basis. Proposed Class Counsel shall submit to the Court on or before January 15, 2024, a motion for preliminary approval of the Settlement Agreement on behalf of the Proposed Settlement Class. The motion for preliminary approval shall seek: (i) certification of the Proposed Settlement Class (for settlement purposes only); (ii) appointment of Atrium Homes, Inc., Xxxxxx X. Xxxxxxx, and Xxxxxx Xxxxxxx, and Class Counsel as the representatives of and counsel for the Proposed Settlement Class; (iii) preliminary approval of the terms of the Settlement Agreement as fair, adequate, and reasonable; andclaims asserted against Defendants.